Q and A’s regarding the Barnsley Building Society Solicitor Panel from members of the public
We are purchasing a 3 bedroom flat in Hackney with a mortgage from Barnsley Building Society. We like our lawyer but Barnsley Building Society says she’s not on their "panel". We have to appoint one of the Barnsley Building Society panel firms or keep our solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the Barnsley Building Society conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for Barnsley Building Society
can you help? My conveyancer is advising me that he has to conduct a Local Authority search as the firm are on the Barnsley Building Society approved lawyer panel. Is this really necessary?
Unfortunately both you and your lawyer have little choice here. As you are taking a mortgage with Barnsley Building Society your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of Barnsley Building Society’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements last updated Barnsley Building Society. even if you were a cash buyer you would be ill advised not to carry out a local authority search.
Is it necessary during the course of the conveyancing process to pop into the offices of the Barnsley Building Society conveyancing panel solicitor to sign the mortgage deed? If so, I will choose one who does conveyancing in Bristol
so that I can pop in to their offices if required.
Most conveyancing panel lawyers for Barnsley Building Society undertake all of the work via the post, internet or over the phone. This means that they can undertake your Conveyancing Transaction no matter where you live in England or Wales. However you should check if you can still book an appointment to go into appointed conveyancing lawyer if you prefer.
I am remortgaging my flat does my lawyer need to be on the Barnsley Building Society Conveyancing panel?
In theory, you could use a solicitor that is not on Barnsley Building Society conveyancing panel, but Barnsley Building Society would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
Are all Conveyancing Quality Solicitors on the Barnsley Building Society conveyancing panel?
It is true that some banks and building societies now use the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for firms wishing to remain on their panels.
Can I be sure that the solicitor on the Barnsley Building Society panel is any good?
seeking recommendations is a good start. Before you go ahead check if they offer a no sale no fee offer. Also you often get what you pay for - a firm which quotes more will often provide a better service than one which is cheap as chips. We would always suggest that you speak with the lawyer handling your conveyancing
After shopping around on the internet I have found a solicitor having checked that they are on the Barnsley Building Society conveyancing panel. Does my lawyer arrange the survey of the property?
Or
Having digested plenty of house buying,I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my solicitor - who is on the Barnsley Building Society conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Barnsley Building Society will need an independent valuation of the property. Your lawyer will not arrange this. Usually Barnsley Building Society will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey.
You may wish to consider appointing your own surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
or
Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by postcode. As you are getting a mortgage with Barnsley Building Society you could contact your them to see if they have a list of approved surveyors.